Ohio Workers’ Compensation Decisions: 2011 Court of Appeals

Ohio Workers’ Compensation Decisions

2011 Court of Appeals

This page lists Ohio Court of Appeals workers’ compensation decisions summarized in 2011, except for decisions adopting a lower court or Magistrate decision, or which decide a case based on a previous decision.

Select the case name to read the decision on the Ohio Supreme Court’s web site. For older Court of Appeals workers’ compensation decisions see our Court of Appeals archive page or see our case index for decisions organized by topic.

December 2011

December 23, 2011

Armstrong v. John R. Jurgenson Co. (12/23/11)

Injury: Post-traumatic stress disorder which occurred at the same time worker suffered physical injuries, but which did not arise out of the physical injuries, is not compensable.

Vote: 2-1
Opinion by: Judge Grady
Appellate District: 2

December 8, 2011

Johnson-Floyd v. REM Ohio, Inc. (12/8/11)

Trial Practice: Trial court did not abuse its discretion in awarding $2000 for R.C. 4123.512 attorney fee.

Vote: 3-0
Opinion by: Judge Hoffman
Appellate District: 5

December 2, 2011

Soloman v. Dayton Window & Door Co., L.L.C. (12/2/11)

Employment: R.C. 4123.01(A)(1)(c) provides 20 categories to consider whether individual is independent contractor or employee. Trial court did not abuse its discretion finding that individual only satisfied 8 of 20 categories and therefore was an independent contractor.

Vote: 3-0
Opinion by: Judge Hall
Appellate District: 2

December 1, 2011

Kelsey Hayes Co., State ex rel. v. Grashel (12/1/11)

Permanent Total: Injured worker is not required to show that he was temporarily totally disabled at time injury caused him to leave job for departure to be an injury induced decision which does not bar permanent total.

Vote: 3-0
Opinion by: Judge Connor
Appellate District: 10

November 2011

November 28, 2011

Largent v. Sticker Corp. (11/28/11)

Death: Only dependent, not estate, is entitled to pursue allowance if claim has not been filed before employee’s death.

Vote: 2-1
Opinion by: Judge Cannon
Appellate District: 11

November 7, 2011

Holmes v. Crawford Machine, Inc. (11/7/11)

Trial Practice: When claimant is successful in some, but not all, claims, trial Court awarding costs and expert witness fees should consider which claims were successful when awarding such costs/fees to the extent it is possible.

Vote: 3-0
Opinion by: Judge Preston
Appellate District: 3

October 2011

October 31, 2011

Carrigan v. Shaferly Excavating, Ltd. (10/31/11)

Trial Practice: Successful claimaint is entitled to reimbursement for reasonable costs which were used in preparation for appeal.

Vote: 3-0
Opinion by: Judge Rogers
Appellate District: 3

October 28, 2011

Jones v. Xenia (10/28/11)

Trial Practice: R.C. 2744.05, which exempts political subdivisions from subrogation liability, does not apply to workers’ compensation subrogation under R.C. 4123.931 because R.C. 4123.931 specifically states that R.C. Chapter 2744 does not apply to limit workers’ compensation subrogation.

Vote: 3-0
Opinion by: Judge Donovan
Appellate District: 2

October 21, 2011

Hardy v. Procter & Gamble Co. (10/21/11)

Injury: R.C. 4123.54(H) provides that someone who is not an Ohio resident is not entitled to Ohio workers’ compensation benefits if they are covered by another state’s workers’ compensation law and they are injured while “temporarily” in Ohio. To determine if someone was “temporarily” in Ohio when they were injured, Court looks at length of time they were expected to be in Ohio when they were injured.

Vote: 3-0
Opinion by: Judge Sundermann
Appellate District: 1

October 13, 2011

Sanderson, State ex rel. v. Indus. Comm. (10/13/11)

Temporary Total: Evidence demonstrated employee knew that leaving job without excuse was firing offense and therefore supported Commission’s finding that employee was not entitled to temporary total because she voluntarily abandoned her job.

Vote: 3-0
Opinion by: Judge French
Appellate District: 10

Hippely v. Lincoln Elec. Holdings, Inc. (10/13/11)

Trial Practice: Where conflicting evidence was presented to jury, the jury can judge what weight to give the evidence and jury’s verdict was not against the manifest weight of the evidence.

Vote: 3-0
Opinion by: Judge Gallagher
Appellate District: 8

September 2011

September 30, 2011

Jakob v. Eckhart (9/30/11)

Employment: Statute provides standard for determining whether construction worker is employee and construction worker who satisfies at least 10 of 20 statutory criteria was employee; employee who satisfies this provision is not required to satisfy any other statutory or common law provision for demonstrating they are an employee.

Vote: 3-0
Opinion by: Judge Handwork
Appellate District: 6

September 27, 2011

Woodhull, State ex rel. v. Indus. Comm. (9/27/11)

Amputation/Loss of Use: Doctor’s report applying improper standard did not support denial of award.

Vote: 3-0
Opinion by: Judge French
Appellate District: 10

Sigler, State ex rel. v. Lubrizol Corp. (9/27/11)

Administrative Practice: Commissioner who voted to deny permanent total without attending or reviewing hearing violated injured worker’s right to due process.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

September 19, 2011

Coleman v. Hamilton (9/19/11)

Trial Practice: Trial court acting as finder of fact is entitled to judge the credibility of a doctor.

Vote: 3-0
Opinion by: Judge Piper
Appellate District: 12

August 2011

August 24, 2011

Starkey v. Builders Firstsource Ohio Valley, L.L.C. (8/24/11)

Injury: Trial court properly granted summary judgment for employer where injured worker had already been granted right to participate for injury at issue on an R.C. 4123.512.

Vote: 3-0
Opinion by: Judge Sundermann
Appellate District: 1

August 23, 2011

Weyerhaeuser Co., State ex rel. v. Indus. Comm. (8/23/11)

Amputation/Loss of Use: Facial disfigurement award requires disfigurement which either impairs or may impair opportunities for employment, but does not require proof of current desire to work.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

July 2011

July 28, 2011

Brown v. Bur. of Workers’ Comp. (7/28/11)

Trial Practice: Denial of medical treatment cannot be appealed to court under R.C. 4123.512.

Vote: 3-0
Opinion by: Judge Cooney
Appellate District: 8

July 21, 2011

Jackson, State ex rel. v. Indus. Comm. (7/21/11)

Permanent Total: Internally inconsistent report cannot support denial of permanent total.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

Seitaridis, State ex rel. v. Indus. Comm. (7/21/11)

Permanent Total: Commission must clarify interpretation of medical evidence in order which found injured worker capable of “light” work, but failed to analyze effect of restrictions on use of right upper extremity in doctor’s report relied on.

Vote: 3-0
Opinion by: Judge Dorrian
Appellate District: 10

June 2011

June 22, 2011

Ehrhardt v. Chatlain Ents., Inc. (6/22/11)

Employment: Facts of case, including fact that truck driver owned his truck, signed an independent contractor agreement and paid his expenses justified summary judgment based on finding that truck driver was independent contractor.

Vote: 3-0
Opinion by: Judge Edwards
Appellate District: 5

June 14, 2011

Mast, State, ex rel. v. Indus. Comm. (6/14/11)

Amputation/Loss of Use: Worker who was awarded compensation for loss of use of hand based on loss of two or more fingers after having two fingers and thumb amputated is entitled to additional amputation award for loss of left toe which was surgically amputated for transplant to replace left thumb.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

June 9, 2011

Mataraza v. Euclid (6/9/11)

Occupational Disease: Trial court improperly granted summary judgment for employer against fire fighter who died due to heart attack where evidence indicated existence of “risk factors” for cardiovascular disease when fire fighter was hired because presence of risk factors does not establish disease existed when fire fighter hired. Under such circumstances, issue of fact existed regarding whether fire fighter contracted disease due to employment.

Vote: 2-1
Opinion by: Judge Kilbane
Appellate District: 8

June 3, 2011

Pflanz v. Pilkington LOF (6/3/11)

Injury: Chiropractor’s opinion that injury was “substantially aggravated” based on MRI and other diagnostic tests supported finder of fact’s finding that injured worker was entitled to participate for a substantial aggravation.

Vote: 3-0
Opinion by: Judge Hildebrandt
Appellate District: 1

May 2011

May 26, 2011

Robinson v. Target Corp. (5/26/11)

Trial Practice: 60 day appeal period runs from time of second (corrected) Commission order which correctly listed date of the appeal being ruled on, rather than from time of first order which listed an incorrect appeal date.

Vote: 2-1
Opinion by: Judge Tyack
Appellate District: 10

May 18, 2011

Wining v. Unique Ventures Group, L.L.C. (5/18/11)

Injury: Trial court properly granted summary judgment in favor of estate of deceased worker who was killed while travelling to his place of employment to provide keys to a co-employee because he was on a special mission for the employer; because he was on a special mission the going and coming rule did not apply.

Vote: 3-0
Opinion by: Judge Vukovich
Appellate District: 7

May 17, 2011

Jones v. USF Holland, Inc. (5/17/11)

Injury: Injury resulting from slip in bathroom of hotel paid for by employer occurred in the course of employment, but did not arise out of employment and therefore was not compensable.

Vote: 3-0
Opinion by: Judge Klatt
Appellate District: 10

May 13, 2011

Stair v. Mid Ohio Home Health Ltd. (5/13/11)

Injury: Employee who was required to travel to client homes for her job, and paid for her travel time, was not a fixed situs employee and was entitled to participate for injuries resulting from fall on ice in parking lot in front of employer’s office which she was going to to pick up her paycheck as required by employer.

Vote: 3-0
Opinion by: Judge Gwin
Appellate District: 5

May 5, 2011

Hayes Lemmerz Internatl. Commercial Hwy., Inc., State ex rel. v. Indus. Comm. (5/5/11)

Continuing Jurisdiction: Commission order improperly cited a non-existent mistake of fact as the basis for exercise of continuing jurisdiction; therefore subsequent orders are invalid and initial order is reinstated.

Vote: 3-0
Opinion by: Judge Hendrickson
Appellate District: 10

April 2011

April 28, 2011

Halenar v. Ameritech-Ohio SBC/Ameritech (4/28/11)

Trial Practice: Evidence supported trial court’s jury instruction involving dual causation in case involving 300 pound man who suffered knee problems because medical testimony could lead jury to believe weight combined with accident caused the injury.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8

April 21, 2011

Daniel v. Williams (4/21/11)

Trial Practice: Failure to timely appeal administrator’s decision denying claim denied court jurisdiction to hear R.C. 4123.512 appeal.

Vote: 3-0
Opinion by: Judge Sadler
Appellate District: 10

Jefferson v. CareWorks of Ohio, Ltd. (4/21/11)

Trial Practice: Medical testimony is necessary where injuries are “internal and elusive.”

Vote: 3-0
Opinion by: Judge Dorrian
Appellate District: 10

April 6, 2011

Nixon v. Quality Mold, Inc. (4/6/11)

Trial Practice: Trial court properly taxed costs and attorneys fees directly to employer which contested workers’ compensation claim.

Vote: 3-0
Opinion by: Judge Belfance
Appellate District: 9

March 2011

March 31, 2011

Reichard v. RJ Wheels, Inc. (3/31/11)

Trial Practice: Court properly presented jury with interrogatories which limited jury to considering whether single incident caused injury where there was no evidence before the jury which would have permitted it to find that injury resulted from repetitive use.

Vote: 3-0
Opinion by: Judge Dorrian
Appellate District: 10

Rockey, State ex rel. v. Sauder Woodworking Co. (3/31/11)

Temporary Total: Some evidence supports finding that worker who took voluntary retirement abandoned his employment.

Vote: 2-1
Opinion by: Judge French
Appellate District: 10

Lloyd v. Cleveland Clinic Found. (3/31/11)

Trial Practice: R.C. 4123.512(F) only applies to permit payment of attorney fees and costs where a claimant establishes the right to participate.

Vote: 3-0
Opinion by: Judge Sweeney
Appellate District: 8

Smith v. Lucas Cty. (3/31/11)

Injury: MRI demonstrating condition after injury did not satisfy statutory requirement for “substantial aggravation.”

Vote: 3-0
Opinion by: Judge Pietrykowski
Appellate District: 6

March 18, 2011

Bennett v. Goodremonts, Inc. (3/18/11)

Injury: Worker who failed to claim specific injury or provide medical evidence to show proximate cause with claimed neck/back injury is not entitled to participate.

Vote: 3-0
Opinion by: Judge Osowik
Appellate District: 6

March 14, 2011

Channels v. Bur. of Workers’ Comp. (3/14/11)

Injury: Injury when going to house to pick up contact name and directions did not occur during participation in rehabilitation program and is not compensable.

Vote: 2-0, 1 concurs in judgment only
Opinion by: Judge Vukovich
Appellate District: 7

March 10, 2011

Knapp, State ex rel. v. Indus. Comm. (3/10/11)

Continuing Jurisdiction: Party seeking exercise of continuing jurisdiction must actually demonstrate new and changed circumstances.

Vote: 3-0
Opinion by: Judge Tyack
Appellate District: 10

February 2011

February 24, 2011

Lloyd v. Cleveland Clinic Found. (2/24/11)

Trial Practice: Where there was no evidence that two or more causes combined to cause condition, court is not required to provide jury instruction on dual causation.

Vote: 3-0
Opinion by: Judge Rocco
Appellate District: 8

February 22, 2011

Copeland v. Bur. of Workers’ Comp. (2/22/11)

Continuing Jurisdiction: Filing C-9 before claim expired tolled statute of limitations and permitted consideration of C-86 filed to gain authorization of C-9 which was fired after claim would have expired.

Vote: 3-0
Opinion by: Judge Farmer
Appellate District: 5

February 18, 2011

Price v. Goodwill Industries of Akron, Ohio, Inc. (2/18/11)

Injury: Going and coming rule applied to bar compensation to fixed situs employee who suffered injury in car accident while driving to training at a different location than her normal work site.

Vote: 3-0
Opinion by: Judge Hoffman
Appellate District: 5

February 3, 2011

Welsh v. Ford Motor Co. (2/3/11)

Occupational Disease: Jury’s finding that exposure to asbestos in the workplace caused the colon cancer which killed a worker was supported by evidence of asbestos exposure in the workplace and doctor’s opinion that this exposure was a cause of the colon cancer.

Vote: 3-0
Opinion by: Judge Boyle
Appellate District: 8

January 2011

January 28, 2011

Cotton v. Bur. of Workers’ Comp. (1/28/11)

Injury: Trial court improperly granted summary judgment against a janitorial supervisor who was injured while helping a co-worker retrieve something stuck in a vending machine because a jury could find that the facts demonstrated that the injury occurred while he was acting in the course of and arose out of his employment.

Vote: 3-0
Opinion by: Per Curiam
Appellate District: 2

January 14, 2011

Ohio Bur. of Workers’ Comp. v. Dernier (1/14/11)

Trial Practice: The BWC does not have a subrogation right against a settlement of a third-party action which was made before the claim was allowed.

Vote: 3-0
Opinion by: Judge Singer
Appellate District: 6

January 6, 2011

Kobak v. Sobhani (1/6/11)

Employment: A motorist who was also a co-employee is entitled to immunity under R.C. 4123.741 for an injury which occurred in an employer-controlled parking garage when the injured employee was on her way into work when she was struck by the co-employee who was leaving work.

Vote: 3-0
Opinion by: Judge Kilbane
Appellate District: 8